What is a "no fault" divorce?

On behalf of Mary Kay Kramer, P.C. posted in Divorce on Thursday, March 9, 2017.

Ending a marriage under any circumstances can be incredibly difficult. Aside from the many legal and financial decisions one must make to end their union, they also must deal with the emotional turmoil that comes with divorce. The reasons that a person may choose to file for divorce are countless, but in Colorado, there is only one grounds on which all divorces are based.

In Colorado, a person filing for divorce must show that their marriage is irretrievably broken to be granted a no fault divorce. In other jurisdictions throughout the country, a person filing for divorce may base their request on adultery, cruelty or a number of other fault grounds for divorce. Couples are not required to demonstrate these forms of conflict to end their legal relationships with their spouses.

A no fault divorce can have benefits in that it may spare a couple the stress of discussing their personal differences and potential grievances with each other in a court of law. This does not guarantee that no fault divorces always proceed without discord, though. As every marriage and every divorce is different, it is not possible to ensure that all no fault divorces will be void of strife.

Before filing for divorce, readers are encouraged to speak to trusted family law attorneys about their legal needs. The state requires individuals filing for divorce to reside within its borders before becoming eligible to divorce, and there are other technical requirements that may affect a person's ability to pursue divorce against their spouse.

Colorado allows its residents to pursue no fault divorces when their marriages are irretrievably broken. With the assistance of a trust divorce or family law attorney, many who begin the divorce process are able to emerge prepared to begin their new, independent lives.

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